Terms and conditions

Terms and Conditions with Customer Information

Table of Contents

  • Scope of Application
  • Conclusion of Contract
  • Right of Withdrawal
  • Prices and Payment Terms
  • Delivery and Shipping Terms
  • Retention of Title
  • Warranty (Liability for Defects)
  • Applicable Law
  • Jurisdiction
  • Alternative Dispute Resolution
  1. Scope of Application
    1.1 These General Terms and Conditions (hereinafter "T&Cs") of Audace Solutions Limited (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own terms is hereby excluded unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly neither for commercial nor for independent professional activities. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

  1. Conclusion of Contract
    2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers from the Seller but serve as an invitation to the Customer to make a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer regarding the goods contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller can accept the Customer's offer within five days by:

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the Customer being decisive; or
  • delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive; or
  • requesting the Customer to make payment after the Customer has submitted the order.

If several of the above alternatives apply, the contract is concluded when one of these alternatives first occurs. The acceptance period begins on the day after the Customer submits the offer and ends on the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within this period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 When choosing a payment method offered by PayPal, the payment transaction is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") under the applicable PayPal Terms of Use, available at PayPal Terms of Use or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account, available at PayPal Payments Terms. By selecting a PayPal payment option during the online ordering process, the Seller already declares the acceptance of the Customer's offer at the moment the Customer clicks the button that completes the order process.

2.5 When selecting the payment method "Amazon Payments", the payment transaction is processed through the payment service provider Amazon Payments Europe s.c.a., 38 Avenue John F. Kennedy, L-1855 Luxembourg ("Amazon") under the applicable Amazon Payments Europe Terms of Use, available at Amazon Payments Terms. When the Customer selects "Amazon Payments" as the payment method during the online order process, they simultaneously issue a payment order to Amazon by clicking the button that completes the order process. In this case, the Seller already declares the acceptance of the Customer's offer at the moment the Customer triggers the payment process by clicking the button.

2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., by email, fax, or letter) after submitting their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login details.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can recognize any input errors by carefully reading the information displayed on the screen. A useful technical means for better recognizing input errors may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8 The contract language is exclusively German.

2.9 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered when using SPAM filters.

  1. Right of Withdrawal
    3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instruction.

  1. Prices and Payment Terms
    4.1 Unless otherwise stated in the product description, the prices stated are total prices that include statutory VAT. Any additional delivery and shipping costs are separately stated in the respective product description.

4.2 The payment options are communicated to the Customer in the Seller's online shop.

4.3 When choosing the payment method "PayPal Credit" (installment payment via PayPal), the Seller assigns its payment claim to PayPal. Before accepting the assignment declaration of the Seller, PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the payment method "PayPal Credit" in the event of a negative result. If PayPal approves the payment method "PayPal Credit", the Customer must pay the invoice amount to PayPal under the conditions specified by the Seller and communicated to them in the Seller's online shop. In this case, the Customer can only make payment to PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipping, returns, complaints, withdrawal declarations, and credits.

4.4 When selecting a payment method offered by the payment service "Shopify Payments", the payment transaction is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services, which may have specific payment conditions, to which the Customer may be separately notified. Further information on "Shopify Payments" is available at Shopify Payments Terms.

  1. Delivery and Shipping Terms
    5.1 The delivery of goods is carried out by shipping to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.

5.2 For goods delivered by freight forwarding, the delivery is made "free curbside", i.e., to the nearest public curb to the delivery address, unless otherwise specified in the shipping information in the Seller's online shop or unless otherwise agreed.

5.3 If the delivery of goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the delivery costs if the Customer effectively exercises their right of withdrawal. The return shipping costs are governed by the Seller's withdrawal instruction if the Customer effectively exercises their right of withdrawal.

5.4 Self-pickup is not possible due to logistical reasons.

  1. Retention of Title
    If the Seller makes a prepayment, they retain ownership of the delivered goods until the full payment of the agreed purchase price has been made.

  2. Warranty (Liability for Defects)
    7.1 If the purchased item is defective, the statutory provisions on warranty apply.

7.2 If the Customer is a consumer, they are asked to immediately report any obvious transport damages to the carrier and inform the Seller. Failure to do so does not affect the Customer's statutory or contractual claims for defects.

  1. Applicable Law
    For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

  2. Jurisdiction
    If the Customer is a merchant, a legal entity under public law, or a special public asset with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's business location. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's business location is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. However, the Seller is in all cases entitled to call upon the court at the Customer's location.

  3. Alternative Dispute Resolution
    10.1 The EU Commission provides an online platform for dispute resolution at the following link: EU Dispute Resolution Platform. This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.